Constitutionalism In Constitutional Law

These are the balances in the 3 branches of power. The legislative branch, executive branch, and judicial branch. In the constitution, there is a diagram showing which branch has power for each other. This protects against an absolute power because if each branch checks on each other, it is certain that they will not become powerful than one another. In document C, it states “the constant aim is to divide and arrange the several offices in such a manner as that they may be a check on the other….

Separation of power is exactly what connotes, power is divided among different offices. In Document B James Madison states, “liberty requires that the three great departments of power should be separate and distinct” (Doc B). He wanted each branch of government to be different because if they did the same thing tyranny would develop. The first three articles in the constitution broadly explains what each branch’s responsibility is. The legislative branch makes laws, the executive branch enforces laws, and the judicial branch interprets laws.

While the executive branch’s job is to execute passed laws, they also have the power to veto bills

Try to imagine life without the Constitution. Without the Constitution we eventually would end up with some form of tyranny. Within the Constitution there are sections to ensure all powers were equally distributed and that no one group or branch has too much power over the other. That section of the Constitution guards against tyranny. Tyranny is when a person or a group of people have absolute power.

Madison case, the outcome could and would have been completely different. The decision he made of ruling in favor of James Madison, rather than William Marbury, was absolute brilliance. Even though he disagreed with Madison and believed Marbury deserved the appointment of a justice, he still had to rule against Marbury because this was the only way to establish the principle of judicial review, one of the most important parts of the system of checks and balances. The three branches of our government would not be equal without the court having such a power. Today, it is accepted that the supreme court will evaluate the federal laws and the acts of the executive and legislative branches.

Ministerial responsibility is based on a body of constitutional conventions; it ensures the accountability of the government to the people of Australia. Ministerial responsibility is the responsibility to the parliament by a minister or on a minister’s behalf for actions taken. Ministerial responsibility is a policy that ministers in a government depend on maintaining the support of the parliament. The underlying legal concepts are The Rule of Law, Democracy and the Constitution. The Rule of Law, relates as big decisions about the country are subject to the law.

The Executive Branch, unlike any other, has a chief or leader that the people vote for, the President. The President can veto laws or bills, but Congress can still override this veto with a two-thirds majority vote. When the President’s tasks are not carried out, Congress can impeach the President or accuse the President of crimes. If found guilty, the President could have his or her job taken away. According to my Social Studies books, “The President’s main power however, would be to make would be to ‘take care that the laws be faithfully executed.’

Checks and Balances Secondly, the separation of power provides a system of shared powers or checks and balances. By that I mean, that each branch has the power to limit or check the other two. The Constitution gave the most checks to Congress or the legislature. They did this because the framers did not want the president to gain enough power to become a tyrant.

With the Legislative branch, you have the power to make and pass laws. For the executive branch, the power to execute and carry out the laws.and for the judicial branch, deciding if the law is constitutional or not is a very important matter. The system of checks and balances also comes into play with the government: each branch has the power to veto, or deny, any law or action they deem unfit for our nation. This helps make sure that one branch does not rule or overpower the other branches. This way, every branch of the government is separate but equal.

James Maddison proposed and implemented this scheme so that the rights and influences of each branches would be conditioned and balanced by the other parts, which gives Congress the right to passing law, the President the right of enforcing the law, and the Court to interpreting the law. Based on the Article I, II, and III of the constitution of the United Stated, the principle of separation of powers stipulates that the executive, legislative and judicial powers of the government should be divided into three different branches, rather than into one branch. Its purpose is to prevent power concentration and provide checks and balances. Thus, separation of power refers to dividing the responsibility into different branches to restrict any branch from exercising its core functions from another

Checks and Balances are intertwined throughout the government precisely for disruptions like this. It acts as a regulator between any origins of supremacy to guarantee no one overrides an opposing authoritative group. Due to these factors, Checks and Balances and Separation of Powers deserve a lengthy reign, for it bears morality and emphasizes reason behind the U.S. Constitution. Separation of Powers is imperative to the functionality of society, the government, and the Constitution because it’s teeming with crucial principles and liberates the nation of tyrants. Absence of this system of government makes documents, such as the Bill of Rights, ineffectual without Separation of Powers and Checks and Balances to fortify its claims.

In doing so, no one branch of government would grow too powerful and tyranny against the people, such as was viewed by the actions of Parliament, could be avoided. According to Hamilton, Congress has the power of the purse and the president has the power of the sword. The Court, however, is not powerless amongst these. A powerful tool of the Court is the ability to interpret the Constitution and this is applicable to scenarios outside of

The federalist system created by the United States Constitution divides powers between two different levels, the national, or the federal, government and the state government. The federal government makes laws that

“The doctrine of separation of powers is based on the idea of dividing government into three distinct parts—the executive, legislative, and judicial branches”(Separation of Powers, 2003). This separation of powers system was intended to keep any one office from becoming a monarchy or a tyrant. Each branch of government was assigned a unique task that they would work to accomplish

State Constitution clearly explain the source of power and authority, delegate and specify how the power